LIFSCHULTZ v. ALLABACH


10 A.D.2d 649 (1960)

Sidney B. Lifschultz et al., Appellants, v. Charles Allabach, Defendant, and Helen F. Allabach, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 29, 1960


Order modified by striking therefrom everything following the word "Ordered" in the second ordering paragraph and by substituting therefor the words "that upon reargument the original decision denying defendant's motion to open her default is adhered to". As so modified, order insofar as appealed from affirmed, with $10 costs and disbursements to appellants.

The facts stated in the moving papers fail to show that respondent's default was due to mistake, inadvertence...

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